Information Collection Being Reviewed by the Federal Communications Commission, 19887-19889 [2021-07736]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Notices
Alert and Response Network (WARN)
Act and to satisfy the Commission’s
mandate to promote the safety of life
and property through the use of wire
and radio communication.
All these information collections
involve the Wireless Emergency Alert
(WEA) system, a mechanism under
which CMS providers may elect to
transmit emergency alerts to the public.
OMB last granted these collection
requests on August 1, 2018 (ICR Ref. No.
201804–3060–013).
Notice of Election
On August 7, 2008, the Commission
released the Third Report and Order in
PS Docket No. 07–287 (CMS Third
Report and Order), FCC 08–184. The
CMS Third Report and Order
implemented provisions of the WARN
Act, including a requirement that within
30 days of release of the CMS Third
Report and Order, each CMS provider
must file an election with the
Commission indicating whether or not it
intends to transmit emergency alerts as
part of WEA. The Commission began
accepting WEA election filings on or
before September 8, 2008.
The Bureau has sought several
extensions of this information
collection. On January 30, 2018, the
Commission adopted a WEA Second
Report and Order and Second Order on
Reconsideration in PS Docket Nos. 15–
91 and 15–94, FCC 18–4 (WEA Second
R&O). In this order, the Commission
defines ‘‘in whole’’ or ‘‘in part’’ WEA
participation, specifies the difference
between these elections, and requires
CMS providers to update their election
status accordingly.
jbell on DSKJLSW7X2PROD with NOTICES
Enhanced Notice at Time of Sale
Section 10.240 of the Commission’s
rules already requires that CMS
Providers participating in WEA ‘‘in
part’’ provide notice to consumers that
WEA may not be available on all
devices or within the entire service area,
as well as details about the availability
of WEA service. As part of the WEA
Second R&O, the Commission adopted
enhanced disclosure requirements,
requiring CMS Providers participating
in WEA ‘‘in part’’ to disclose the extent
to which enhanced geo-targeting is
available on their network and devices
at the point of sale and the benefits of
enhanced geo-targeting at the point of
sale. We believe these disclosures will
allow consumers to make more
informed choices about their ability to
receive WEA Alert Messages that are
relevant to them.
VerDate Sep<11>2014
17:35 Apr 14, 2021
Jkt 253001
Notice to Current Subscribers
A CMS provider that elects not to
transmit WEA Alert Messages, in part or
in whole, shall provide clear and
conspicuous notice, which takes into
account the needs of persons with
disabilities, to existing subscribers of its
non-election or partial election to
provide Alert messages by means of an
announcement amending the existing
subscriber’s service agreement.
A CMS provider that elects not to
transmit WEA Alert Messages, in part or
in whole, shall use the notification
language set forth in § 10.240 (c) or (d)
respectively, except that the last line of
the notice shall reference FCC Rule 47
CFR 10.250, rather than FCC Rule 47
CFR 10.240.
In the case of prepaid customers, if a
mailing address is available, the CMS
provider shall provide the required
notification via U.S. mail. If no mailing
address is available, the CMS provider
shall use any reasonable method at its
disposal to alert the customer to a
change in the terms and conditions of
service and directing the subscriber to a
voice-based notification or to a website
providing the required notification.
Database Collection
The Commission also seeks to extend
OMB approval in connection with the
Commission’s creation of a WEA
database to improve information
transparency for emergency managers
and the public regarding the extent to
which WEA is available in their area.
The Commission will request this
information from CMS providers on a
voluntary basis, including geographic
area served and devices that are
programmed, at point of sale, to
transmit WEAs. We note that many
participating CMS providers already
provide information of this nature in
their docketed filings. As discussed
below, this database will remove a
major roadblock to emergency
managers’ ability to conduct tests of the
alerting system and enable individuals
and emergency managers to identify the
alert coverage area.
Since ensuring consumer notice and
collecting information on the extent of
CMS providers’ participation is
statutorily mandated, the Commission
requests to extend approval of this
collection by OMB so that the
Commission may continue to meet its
statutory obligation under the WARN
Act.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021–07732 Filed 4–14–21; 8:45 am]
BILLING CODE 6712–01–P
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
19887
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–1162; FRS 20885]
Information Collection Being Reviewed
by the Federal Communications
Commission
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act of 1995 (PRA), the Federal
Communications Commission (FCC or
Commission) invites the general public
and other Federal agencies to take this
opportunity to comment on the
following information collections.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor a
collection of information unless it
displays a currently valid Office of
Management and Budget (OMB) control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid OMB
control number.
DATES: Written PRA comments should
be submitted on or before June 14, 2021.
If you anticipate that you will be
submitting comments but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Cathy Williams, FCC, via email to PRA@
fcc.gov and to Cathy.Williams@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, contact Cathy
Williams at (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–1162.
Title: Closed Captioning of Video
Programming Delivered Using Internet
SUMMARY:
E:\FR\FM\15APN1.SGM
15APN1
jbell on DSKJLSW7X2PROD with NOTICES
19888
Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Notices
Protocol, and Apparatus Closed Caption
Requirements.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Individuals or
Household, Businesses or other forprofit, Not-for-profit institutions, State,
local, or tribal government, Federal
Government.
Number of Respondents and
Responses: 1,172 respondents; 3,341
responses.
Estimated Time per Response: 0.084–
10 hours.
Frequency of Response: One time and
on occasion reporting requirements;
Recordkeeping requirement; Third party
disclosure requirement.
Obligation to Respond: Mandatory;
Required to obtain or retain benefits.
The statutory authority for this
collection is contained in the TwentyFirst Century Communications and
Video Accessibility Act of 2010, Public
Law 111–260, 124 Stat. 2751, and
Sections 4(i), 4(j), 303, 330(b), 713, and
716 of the Communications Act of 1934,
as amended (the Act), 47 U.S.C. 154(i),
154(j), 303, 330(b), 613, and 617.
Total Annual Burden: 9,197 hours.
Total Annual Cost: $95,700.
Privacy Act Impact Assessment: The
FCC completed a Privacy Impact
Assessment (PIA) on June 28, 2007. It
may be reviewed at https://www.fcc.gov/
general/privacy-act-information#pia.
The Commission is in the process of
updating the PIA to incorporate various
revisions to it as a result of revisions to
the FCC’s system of records notice
(SORN).
Nature and Extent of Confidentiality:
Confidentiality is an issue to the extent
that individuals and households
provide personally identifiable
information, which is covered under the
FCC’s SORN, FCC/CGB–1, ‘‘Informal
Complaints, Inquiries and Requests for
Dispute Assistance,’’ which became
effective on September 24, 2014. We
note that parties filing petitions for
exemption based on economic burden,
requests for Commission determinations
of technical feasibility and
achievability, requests for purposebased waivers, or responses to
complaints alleging violations of the
Commission’s rules may seek
confidential treatment of information
they provide pursuant to the
Commission’s existing confidentiality
rules. The Commission is not requesting
that individuals who file complaints
alleging violations of our rules
(complainants) submit confidential
information (e.g., credit card numbers,
social security numbers, or personal
financial information) to us. We request
VerDate Sep<11>2014
17:35 Apr 14, 2021
Jkt 253001
that complainants submit their names,
addresses, and other contact
information, which enables us to
process complaints. Any use of this
information is covered under the
routine uses listed in the Commission’s
SORN, FCC/CGB–1.
Needs and Uses: The Twenty-First
Century Communications and Video
Accessibility Act of 2010 (CVAA)
directed the Commission to revise its
regulations to mandate closed
captioning on video programming
delivered via internet Protocol (IP) that
was published or exhibited on
television with captions after the
effective date of the regulations.
Accordingly, the Commission requires
video programming owners (VPOs) to
send program files to video
programming distributors and providers
(hereinafter VPDs) with required
captions, and it requires VPDs to enable
the rendering or pass through of all
required captions to the end user. The
CVAA also directed the Commission to
revise its regulations to mandate that all
apparatus designed to receive, play
back, or record video programming be
equipped with built-in closed caption
decoder circuitry or capability designed
to display closed-captioned video
programming, except that apparatus that
use a picture screen that is 13 inches or
smaller and recording devices must
comply only if doing so is achievable.
These rules are codified at 47 CFR 79.4
and 79.100–79.104.
The information collection
requirements consist of:
(a) Mechanism for information about
video programming subject to the IP
closed captioning requirements.
Pursuant to 47 CFR 79.4(c)(1)(ii) and
(c)(2)(ii) of the Commission’s rules,
VPOs and VPDs must agree upon a
mechanism to make information
available to VPDs about video
programming that becomes subject to
the requirements of 47 CFR 79.4 on an
ongoing basis. VPDs must make a good
faith effort to identify video
programming that must be captioned
when delivered using IP using the
agreed upon mechanism.
For example, VPOs and VPDs may
agree on a mechanism whereby the
VPOs provide captions or certifications
that captions are not required, and
update those certifications and provide
captions when captions later become
required. A VPD may rely in good faith
on a certification by a VPO that the
programming need not be captioned if:
(1) The certification includes a clear and
concise explanation of why captions are
not required; and (2) the VPD is able to
produce the certification to the
Commission in the event of a complaint.
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
VPOs may provide certifications for
specific programming or a more general
certification, for example, for all
programming covered by a particular
contract.
VPDs may seek Commission
determinations that other proposed
mechanisms provide adequate
information for them to rely on in good
faith by filing an informal request and
providing sufficient information for the
Commission to make such
determinations.
(b) Contact information for the receipt
and handling of written closed
captioning complaints.
Pursuant to 47 CFR 79.4(c)(2)(iii),
VPDs must make their contact
information available to end users for
the receipt and handling of written IP
closed captioning complaints. The
required contact information includes
the name of a person with primary
responsibility for IP captioning issues
and who can ensure compliance with
these rules, as well as the person’s title
or office, telephone number, fax
number, postal mailing address, and
email address. VPDs must keep this
information current and update it
within 10 business days of any change.
The Commission expects that such
contact information will be prominently
displayed in a way that it is accessible
to all end users. A general notice on the
VPD’s website with such contact
information, if provided, must be
provided in a location that is
conspicuous to viewers.
(c) Petitions for exemption based on
economic burden.
Pursuant to 47 CFR 79.4(d), a VPO or
VPD may petition the Commission for a
full or partial exemption from the closed
captioning requirements for IP-delivered
video programming based upon a
showing that they would be
economically burdensome. Petitions for
exemption must be supported with
sufficient evidence to demonstrate
economic burden (significant difficulty
or expense). The Commission will
consider four specific factors when
determining economic burden and any
other factors the petitioner deems
relevant, along with any available
alternatives that might constitute a
reasonable substitute for the closed
captioning requirements. The
Commission will evaluate economic
burden with regard to the individual
outlet. Petitions and subsequent
pleadings must be filed electronically.
The Commission will place such
petitions on public notice. Comments or
oppositions to the petition may be filed
electronically within 30 days after
release of the public notice of the
petition, and must include a
E:\FR\FM\15APN1.SGM
15APN1
jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Notices
certification that the petitioner was
served with a copy. The petitioner may
reply to any comments or oppositions
filed within 20 days after the close of
the period for filing comments or
oppositions, and replies must include a
certification that the commenting or
opposing party was served with a copy.
Upon a finding of good cause, the
Commission may lengthen or shorten
any comment period and waive or
establish other procedural requirements.
Petitions and responsive pleadings must
include a detailed, full showing,
supported by affidavit, of any facts or
considerations relied on.
(d) Complaints alleging violations of
the closed captioning rules for IPdelivered video programming.
Pursuant to 47 CFR 79.4(e), a written
complaint alleging a violation of the
closed captioning rules for IP-delivered
video programming may be filed with
the Commission or with the VPD
responsible for enabling the rendering
or pass through of the closed captions
for the video programming. Complaints
must be filed within 60 days after the
date the complainant experienced a
problem with captioning. Complaints
should (but are not required to) include
certain information.
If the complaint is filed first with the
VPD, the VPD must respond in writing
to the complainant within 30 days after
receipt of a closed captioning
complaint. If a VPD fails to respond
timely, or the response does not satisfy
the consumer, the complainant may refile the complaint with the Commission
within 30 days after the time allotted for
the VPD to respond. If a consumer refiles the complaint with the
Commission (after filing with the VPD)
and the complaint satisfies the
requirements, the Commission will
forward the complaint to the named
VPD, as well as to any other VPD and/
or VPO that Commission staff
determines may be involved, who then
must respond in writing to the
Commission and the complainant
within 30 days after receipt of the
complaint from the Commission.
If the complaint is filed first with the
Commission and the complaint satisfies
the requirements, the Commission will
forward the complaint to the named
VPD and/or VPO, and to any other VPD
and/or VPO that Commission staff
determine may be involved, who must
respond in writing to the Commission
and the complainant within 30 days
after receipt of the complaint from the
Commission. In response to a
complaint, a VPD and/or VPO must
provide the Commission with sufficient
records and documentation. The
Commission will review all relevant
VerDate Sep<11>2014
17:35 Apr 14, 2021
Jkt 253001
information provided by the
complainant and the subject VPDs and/
or VPOs, as well as any additional
information the Commission deems
relevant from its files or public sources.
The Commission may request additional
information from any relevant entities
when, in the estimation of Commission
staff, such information is needed to
investigate the complaint or adjudicate
potential violation(s) of Commission
rules. When the Commission requests
additional information, parties to which
such requests are addressed must
provide the requested information in the
manner and within the time period the
Commission specifies.
(e) Requests for Commission
determination of technical feasibility of
apparatus closed caption requirements.
Pursuant to 47 CFR 79.103(a), as of
January 1, 2014, all digital apparatus
designed to receive or play back video
programming that uses a picture screen
of any size must be equipped with builtin closed caption decoder circuitry or
capability designed to display closedcaptioned video programming, if
technically feasible. If new apparatus or
classes of apparatus for viewing video
programming emerge on which it would
not be technically feasible to include
closed captioning, parties may raise that
argument as a defense to a complaint or,
alternatively, file a request under 47
CFR 1.41 for a Commission
determination of technical feasibility
before manufacturing or importing the
product.
(f) Requests for Commission
determination of achievability of
apparatus closed caption requirements.
Pursuant to 47 CFR 79.103(a), as of
January 1, 2014, all digital apparatus
designed to receive or play back video
programming that use a picture screen
less than 13 inches in size must be
equipped with built-in closed caption
decoder circuitry or capability designed
to display closed-captioned video
programming, only if doing so is
achievable. In addition, pursuant to 47
CFR 79.104(a), as of January 1, 2014, all
apparatus designed to record video
programming must enable the rendering
or the pass through of closed captions
such that viewers are able to activate
and de-activate the closed captions as
the video programming is played back,
only if doing so is achievable.
Manufacturers of such apparatus may
petition the Commission, pursuant to 47
CFR 1.41, for a full or partial exemption
from the closed captioning requirements
before manufacturing or importing the
apparatus or may assert as a response to
a complaint that these requirements, in
full or in part, are not achievable.
Pursuant to 47 CFR 79.103(b)(3), such a
PO 00000
Frm 00021
Fmt 4703
Sfmt 9990
19889
petition or response must be supported
with sufficient evidence to demonstrate
that compliance is not achievable
(meaning with reasonable effort or
expense) and the Commission will
consider four specific factors when
making such determinations.
(g) Petitions for purpose-based
waivers of apparatus closed caption
requirements.
Manufacturers seeking certainty prior
to the sale of a device may petition the
Commission, pursuant to 47 CFR
79.103(b)(4), for a full or partial waiver
of the closed captioning requirements
based on one of the following
provisions:
(i) The apparatus is primarily
designed for activities other than
receiving or playing back video
programming transmitted
simultaneously with sound; or
(ii) The apparatus is designed for
multiple purposes, capable of receiving
or playing back video programming
transmitted simultaneously with sound
but whose essential utility is derived
from other purposes.
(h) Complaints alleging violations of
the apparatus closed caption
requirements.
Consumers may file written
complaints alleging violations of the
Commission’s rules, 47 CFR 79.101–
79.104, requiring apparatus designed to
receive, play back, or record video
programming to be equipped with builtin closed caption decoder circuitry or
capability designed to display closed
captions. A written complaint filed with
the Commission must be transmitted to
the Consumer and Governmental Affairs
Bureau through the Commission’s
online informal complaint filing system,
U.S. Mail, overnight delivery, or
facsimile. Such complaints should
include certain information about the
complainant and the alleged violation.
The Commission may forward such
complaints to the named manufacturer
or provider, as well as to any other
entity that Commission staff determines
may be involved, and may request
additional information from any
relevant parties when, in the estimation
of Commission staff, such information is
needed to investigate the complaint or
adjudicate potential violations of
Commission rules.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2021–07736 Filed 4–14–21; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\15APN1.SGM
15APN1
]]>Agencies
[Federal Register Volume 86, Number 71 (Thursday, April 15, 2021)]
[Notices]
[Pages 19887-19889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07736]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1162; FRS 20885]
Information Collection Being Reviewed by the Federal
Communications Commission
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: As part of its continuing effort to reduce paperwork burdens,
and as required by the Paperwork Reduction Act of 1995 (PRA), the
Federal Communications Commission (FCC or Commission) invites the
general public and other Federal agencies to take this opportunity to
comment on the following information collections. Comments are
requested concerning: Whether the proposed collection of information is
necessary for the proper performance of the functions of the
Commission, including whether the information shall have practical
utility; the accuracy of the Commission's burden estimate; ways to
enhance the quality, utility, and clarity of the information collected;
ways to minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology; and ways to further reduce the
information collection burden on small business concerns with fewer
than 25 employees. The FCC may not conduct or sponsor a collection of
information unless it displays a currently valid Office of Management
and Budget (OMB) control number. No person shall be subject to any
penalty for failing to comply with a collection of information subject
to the PRA that does not display a valid OMB control number.
DATES: Written PRA comments should be submitted on or before June 14,
2021. If you anticipate that you will be submitting comments but find
it difficult to do so within the period of time allowed by this notice,
you should advise the contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email to
[email protected] and to [email protected].
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Cathy Williams at (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-1162.
Title: Closed Captioning of Video Programming Delivered Using
Internet
[[Page 19888]]
Protocol, and Apparatus Closed Caption Requirements.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Individuals or Household, Businesses or other for-
profit, Not-for-profit institutions, State, local, or tribal
government, Federal Government.
Number of Respondents and Responses: 1,172 respondents; 3,341
responses.
Estimated Time per Response: 0.084-10 hours.
Frequency of Response: One time and on occasion reporting
requirements; Recordkeeping requirement; Third party disclosure
requirement.
Obligation to Respond: Mandatory; Required to obtain or retain
benefits. The statutory authority for this collection is contained in
the Twenty-First Century Communications and Video Accessibility Act of
2010, Public Law 111-260, 124 Stat. 2751, and Sections 4(i), 4(j), 303,
330(b), 713, and 716 of the Communications Act of 1934, as amended (the
Act), 47 U.S.C. 154(i), 154(j), 303, 330(b), 613, and 617.
Total Annual Burden: 9,197 hours.
Total Annual Cost: $95,700.
Privacy Act Impact Assessment: The FCC completed a Privacy Impact
Assessment (PIA) on June 28, 2007. It may be reviewed at https://www.fcc.gov/general/privacy-act-information#pia. The Commission is in
the process of updating the PIA to incorporate various revisions to it
as a result of revisions to the FCC's system of records notice (SORN).
Nature and Extent of Confidentiality: Confidentiality is an issue
to the extent that individuals and households provide personally
identifiable information, which is covered under the FCC's SORN, FCC/
CGB-1, ``Informal Complaints, Inquiries and Requests for Dispute
Assistance,'' which became effective on September 24, 2014. We note
that parties filing petitions for exemption based on economic burden,
requests for Commission determinations of technical feasibility and
achievability, requests for purpose-based waivers, or responses to
complaints alleging violations of the Commission's rules may seek
confidential treatment of information they provide pursuant to the
Commission's existing confidentiality rules. The Commission is not
requesting that individuals who file complaints alleging violations of
our rules (complainants) submit confidential information (e.g., credit
card numbers, social security numbers, or personal financial
information) to us. We request that complainants submit their names,
addresses, and other contact information, which enables us to process
complaints. Any use of this information is covered under the routine
uses listed in the Commission's SORN, FCC/CGB-1.
Needs and Uses: The Twenty-First Century Communications and Video
Accessibility Act of 2010 (CVAA) directed the Commission to revise its
regulations to mandate closed captioning on video programming delivered
via internet Protocol (IP) that was published or exhibited on
television with captions after the effective date of the regulations.
Accordingly, the Commission requires video programming owners (VPOs) to
send program files to video programming distributors and providers
(hereinafter VPDs) with required captions, and it requires VPDs to
enable the rendering or pass through of all required captions to the
end user. The CVAA also directed the Commission to revise its
regulations to mandate that all apparatus designed to receive, play
back, or record video programming be equipped with built-in closed
caption decoder circuitry or capability designed to display closed-
captioned video programming, except that apparatus that use a picture
screen that is 13 inches or smaller and recording devices must comply
only if doing so is achievable. These rules are codified at 47 CFR 79.4
and 79.100-79.104.
The information collection requirements consist of:
(a) Mechanism for information about video programming subject to
the IP closed captioning requirements.
Pursuant to 47 CFR 79.4(c)(1)(ii) and (c)(2)(ii) of the
Commission's rules, VPOs and VPDs must agree upon a mechanism to make
information available to VPDs about video programming that becomes
subject to the requirements of 47 CFR 79.4 on an ongoing basis. VPDs
must make a good faith effort to identify video programming that must
be captioned when delivered using IP using the agreed upon mechanism.
For example, VPOs and VPDs may agree on a mechanism whereby the
VPOs provide captions or certifications that captions are not required,
and update those certifications and provide captions when captions
later become required. A VPD may rely in good faith on a certification
by a VPO that the programming need not be captioned if: (1) The
certification includes a clear and concise explanation of why captions
are not required; and (2) the VPD is able to produce the certification
to the Commission in the event of a complaint. VPOs may provide
certifications for specific programming or a more general
certification, for example, for all programming covered by a particular
contract.
VPDs may seek Commission determinations that other proposed
mechanisms provide adequate information for them to rely on in good
faith by filing an informal request and providing sufficient
information for the Commission to make such determinations.
(b) Contact information for the receipt and handling of written
closed captioning complaints.
Pursuant to 47 CFR 79.4(c)(2)(iii), VPDs must make their contact
information available to end users for the receipt and handling of
written IP closed captioning complaints. The required contact
information includes the name of a person with primary responsibility
for IP captioning issues and who can ensure compliance with these
rules, as well as the person's title or office, telephone number, fax
number, postal mailing address, and email address. VPDs must keep this
information current and update it within 10 business days of any
change. The Commission expects that such contact information will be
prominently displayed in a way that it is accessible to all end users.
A general notice on the VPD's website with such contact information, if
provided, must be provided in a location that is conspicuous to
viewers.
(c) Petitions for exemption based on economic burden.
Pursuant to 47 CFR 79.4(d), a VPO or VPD may petition the
Commission for a full or partial exemption from the closed captioning
requirements for IP-delivered video programming based upon a showing
that they would be economically burdensome. Petitions for exemption
must be supported with sufficient evidence to demonstrate economic
burden (significant difficulty or expense). The Commission will
consider four specific factors when determining economic burden and any
other factors the petitioner deems relevant, along with any available
alternatives that might constitute a reasonable substitute for the
closed captioning requirements. The Commission will evaluate economic
burden with regard to the individual outlet. Petitions and subsequent
pleadings must be filed electronically.
The Commission will place such petitions on public notice. Comments
or oppositions to the petition may be filed electronically within 30
days after release of the public notice of the petition, and must
include a
[[Page 19889]]
certification that the petitioner was served with a copy. The
petitioner may reply to any comments or oppositions filed within 20
days after the close of the period for filing comments or oppositions,
and replies must include a certification that the commenting or
opposing party was served with a copy. Upon a finding of good cause,
the Commission may lengthen or shorten any comment period and waive or
establish other procedural requirements. Petitions and responsive
pleadings must include a detailed, full showing, supported by
affidavit, of any facts or considerations relied on.
(d) Complaints alleging violations of the closed captioning rules
for IP-delivered video programming.
Pursuant to 47 CFR 79.4(e), a written complaint alleging a
violation of the closed captioning rules for IP-delivered video
programming may be filed with the Commission or with the VPD
responsible for enabling the rendering or pass through of the closed
captions for the video programming. Complaints must be filed within 60
days after the date the complainant experienced a problem with
captioning. Complaints should (but are not required to) include certain
information.
If the complaint is filed first with the VPD, the VPD must respond
in writing to the complainant within 30 days after receipt of a closed
captioning complaint. If a VPD fails to respond timely, or the response
does not satisfy the consumer, the complainant may re-file the
complaint with the Commission within 30 days after the time allotted
for the VPD to respond. If a consumer re-files the complaint with the
Commission (after filing with the VPD) and the complaint satisfies the
requirements, the Commission will forward the complaint to the named
VPD, as well as to any other VPD and/or VPO that Commission staff
determines may be involved, who then must respond in writing to the
Commission and the complainant within 30 days after receipt of the
complaint from the Commission.
If the complaint is filed first with the Commission and the
complaint satisfies the requirements, the Commission will forward the
complaint to the named VPD and/or VPO, and to any other VPD and/or VPO
that Commission staff determine may be involved, who must respond in
writing to the Commission and the complainant within 30 days after
receipt of the complaint from the Commission. In response to a
complaint, a VPD and/or VPO must provide the Commission with sufficient
records and documentation. The Commission will review all relevant
information provided by the complainant and the subject VPDs and/or
VPOs, as well as any additional information the Commission deems
relevant from its files or public sources. The Commission may request
additional information from any relevant entities when, in the
estimation of Commission staff, such information is needed to
investigate the complaint or adjudicate potential violation(s) of
Commission rules. When the Commission requests additional information,
parties to which such requests are addressed must provide the requested
information in the manner and within the time period the Commission
specifies.
(e) Requests for Commission determination of technical feasibility
of apparatus closed caption requirements.
Pursuant to 47 CFR 79.103(a), as of January 1, 2014, all digital
apparatus designed to receive or play back video programming that uses
a picture screen of any size must be equipped with built-in closed
caption decoder circuitry or capability designed to display closed-
captioned video programming, if technically feasible. If new apparatus
or classes of apparatus for viewing video programming emerge on which
it would not be technically feasible to include closed captioning,
parties may raise that argument as a defense to a complaint or,
alternatively, file a request under 47 CFR 1.41 for a Commission
determination of technical feasibility before manufacturing or
importing the product.
(f) Requests for Commission determination of achievability of
apparatus closed caption requirements.
Pursuant to 47 CFR 79.103(a), as of January 1, 2014, all digital
apparatus designed to receive or play back video programming that use a
picture screen less than 13 inches in size must be equipped with built-
in closed caption decoder circuitry or capability designed to display
closed-captioned video programming, only if doing so is achievable. In
addition, pursuant to 47 CFR 79.104(a), as of January 1, 2014, all
apparatus designed to record video programming must enable the
rendering or the pass through of closed captions such that viewers are
able to activate and de-activate the closed captions as the video
programming is played back, only if doing so is achievable.
Manufacturers of such apparatus may petition the Commission,
pursuant to 47 CFR 1.41, for a full or partial exemption from the
closed captioning requirements before manufacturing or importing the
apparatus or may assert as a response to a complaint that these
requirements, in full or in part, are not achievable. Pursuant to 47
CFR 79.103(b)(3), such a petition or response must be supported with
sufficient evidence to demonstrate that compliance is not achievable
(meaning with reasonable effort or expense) and the Commission will
consider four specific factors when making such determinations.
(g) Petitions for purpose-based waivers of apparatus closed caption
requirements.
Manufacturers seeking certainty prior to the sale of a device may
petition the Commission, pursuant to 47 CFR 79.103(b)(4), for a full or
partial waiver of the closed captioning requirements based on one of
the following provisions:
(i) The apparatus is primarily designed for activities other than
receiving or playing back video programming transmitted simultaneously
with sound; or
(ii) The apparatus is designed for multiple purposes, capable of
receiving or playing back video programming transmitted simultaneously
with sound but whose essential utility is derived from other purposes.
(h) Complaints alleging violations of the apparatus closed caption
requirements.
Consumers may file written complaints alleging violations of the
Commission's rules, 47 CFR 79.101-79.104, requiring apparatus designed
to receive, play back, or record video programming to be equipped with
built-in closed caption decoder circuitry or capability designed to
display closed captions. A written complaint filed with the Commission
must be transmitted to the Consumer and Governmental Affairs Bureau
through the Commission's online informal complaint filing system, U.S.
Mail, overnight delivery, or facsimile. Such complaints should include
certain information about the complainant and the alleged violation.
The Commission may forward such complaints to the named manufacturer or
provider, as well as to any other entity that Commission staff
determines may be involved, and may request additional information from
any relevant parties when, in the estimation of Commission staff, such
information is needed to investigate the complaint or adjudicate
potential violations of Commission rules.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2021-07736 Filed 4-14-21; 8:45 am]
BILLING CODE 6712-01-P
